FILED

United States Court of Appeals

Tenth Circuit

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

January 3, 2008

Elisabeth A. Shumaker
Clerk of Court

BOB ALLEN CUSTARD,

Plaintiff - Appellant,
v.
HARLEY LAPPIN; HARRELL
WATTS; R. WILEY; K. REAR; M.
MONTGOMERY; J. T. SHARTLE;
BENJAMIN BRIESCHKE;
CHRISTOPHER B. SYNSVOLL;
UNITED STATES OF AMERICA;
MARK COLLINS; W. HAYGOOD; R.
MADISON, Dolly; B. HAYS; I.
GARCIA; A. FENLON,

No. 07-1371
(D.C. No. 07-cv-844-ZLW-BNB)
(D. Colo.)

Defendants - Appellees.

ORDER AND JUDGMENT *

Before LUCERO, HARTZ, and GORSUCH, Circuit Judges.

After examining appellants brief and the appellate record, this panel has
determined unanimously that oral argument would not materially assist the
determination of this appeal. See Fed. R. App. P. 34(a)(2) and 10th Cir. R.
34.1(G). The case is therefore ordered submitted without oral argument. This
order and judgment is not binding precedent except under the doctrines of law of
the case, res judicata and collateral estoppel. It may be cited, however, for its
persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.

Based on our independent review of the record in this case, and for
substantially the same reasons set forth by the district court, we affirm that
courts judgment. With the dismissal of his complaint as malicious under 28
U.S.C. 1915(e)(2)(B)(i), Mr. Custard has now earned at least three strikes under
1915(g); accordingly, he may bring no more civil actions or appeals under
1915 unless he is under imminent danger of serious physical injury. See 28
U.S.C. 1915(g). We warn Mr. Custard that any future frivolous, malicious, or
abusive filings will put him at the risk of sanctions, including possible filing
restrictions.

ENTERED FOR THE COURT

Neil M. Gorsuch
Circuit Judge

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